This is an AAO appeal decision — a case denied once and appealed. It shows how the framework is applied; it is not the filing population.
The Petitioner, a postsecondary mathematics teacher, sought to continue teaching mathematics in the United States under an EB-2 classification with a national interest waiver.
Field: mathematics education · Read the decision (uscis.gov)
EB-2 threshold — addressed
The Director misapplied 8 C.F.R. 204.5(k)(2) by treating a bachelor's degree plus two years of experience as equivalent to a master's degree, when the regulation requires five years of progressive experience; the AAO also found unresolved deficiencies regarding whether the Petitioner's teaching experience was full-time and progressive, given overlapping employment periods and teaching of unrelated subjects.
How the evidence was treated
- degree · discounted
“The regulations provide that a United States baccalaureate degree or foreign equivalent degree followed by at least five years of progressive experience”
AAO decision text - resume experience · discounted
“none elaborate on whether the Petitioner worked on a full-time basis”
AAO decision text
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Notable
The AAO did not reach any Dhanasar national-interest-waiver prong analysis; it remanded because the Director erroneously found the threshold advanced-degree equivalency satisfied (misapplying the five-year progressive experience regulation) and failed to resolve deficiencies about whether the Petitioner's teaching experience was full-time and progressive, given overlapping employment and unrelated subject matter.
Authorities this decision leans on
From the doctrinal survivor set — 187 authority tests across 47 distinct authorities cleared the differential-lift gates. Only those appear here.
- 8 C.F.R. 204.5(k)(2)
What this case teaches
Analyst reading of the decision text.
Director erroneously found Petitioner met advanced-degree-equivalency criteria based on wrong legal standard (bachelor's + 2 yrs vs. required 5 yrs progressive experience) without resolving overlapping/unrelated employment and full-time status issues, making decision unreviewable.
Ensure employment letters explicitly confirm full-time, progressive, specialty-relevant experience meeting the exact regulatory equivalency threshold before NIW merits are even considered.
vague
person_focused
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